Bombay High Court
Smt. Salima Chandulal Shaikh And ... vs The State Of Maharashtra (Through ... on 4 March, 2021
Bench: P. K. Chavan
18-IA-ST-97428-2020.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION [STAMP] NO.97428 OF 2020
IN
FIRST APPEAL NO.1569 OF 2009
Salima Chandulal Shaikh and others. ] Applicants
IN THE MATTER BETWEEN:
Salima Chandulal Shaikh and others. ] Appellants
Vs.
The State of Maharashtra ]
Through The Deputy Inspector General ]
of Police Motor Transport, M.S. Pune. ] Respondents
.....
Mr. Jayant J. Bardeskar, for Applicants.
Mr. A.R. Patil, A.G.P, for Respondent-State.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 4th MARCH, 2021.
P.C.
1. This is an application for withdrawal of balance amount of
compensation.
2. Heard learned Counsel for the applicants.
3. By an order dated 5th March, 2010, this Court (Coram: R.S.
Mohite, J.) while considering the application for withdrawal of
the amount of compensation permitted the applicant-widow and
Digitally signed by Shailaja S. Halkude
Shailaja S. Halkude Date: 2021.03.06 11:27:56 +0530
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18-IA-ST-97428-2020.doc
her three minor children and mother of the deceased to withdraw
50% of the amount of compensation without security, inter alia,
granting liberty to the minor to apply for further orders after they
attain majority.
4. It is submitted that the applicants have withdrawn 50% of
the amount of compensation pursuant to the said order.
5. It is now submitted that applicant No.2 who was then 15
years of age has now attained majority. However, she could not
prosecute her studies after 12th standard because of untimely death
of her father. Now, her marriage is to be solemnized for which
applicant No.1 is looking for an appropriate proposal and
thereafter they would be in need of finance. Secondly, applicant
No.3 was aged about 11 years at the time of death of his father. He
has completed Diploma in Mechanical Engineering and presently
studying in last year of B.A. In order to prosecute the said
education, he too requires some amount.
6. Applicant No.4 was seven years of age at the time of death
of his father. He is studying in D.K.T.E Society's Textile and
Engineering Institute, Ichalkarnji in second year of B. Tech Civil
Engineering. He too requires amount of Rs.27286/- for first
semester, Rs.32,801/- for second semester and Rs.30,000/- for
third semester. It is a four years course.
7. For all these reasons, it has been prayed by the applicants to
permit them to withdraw the balance amount.
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18-IA-ST-97428-2020.doc
8. Though learned A.G.P objects for withdrawal of the balance
amount of compensation yet after going through the impugned
judgment and and the findings given by then President, M.A.C.T,
Kolhapur, the applicants are permitted to withdraw balance
amount of compensation with accrued interest.
9. The applicants shall furnish an undertaking at the time of
withdrawing the amount that if the respondent succeeds in the
appeal, they will return the amount with interest at such rate as
would be directed by this Court depending upon the outcome of
the first appeal.
10. The application stands disposed of.
[PRITHVIRAJ K. CHAVAN, J.]
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